1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. (i) On December 24, 2005, the registration of ownership transfer was completed on April 28, 2006 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On July 30, 2010, the provisional attachment registration was completed on July 30, 2010, when the Plaintiff filed an application for provisional attachment on the instant real estate with Suwon District Court Branch Branch Branching 2010Kadan1277, in order to preserve the claim for the return of the purchase price to D amounting to KRW 89.5 million.

B. As to the instant real estate on October 22, 2010, the Defendant completed the registration of creation of a neighboring mortgage to the Defendant, on October 22, 2010, by reason of the contract to establish a contract on October 22, 2010.

(hereinafter “instant collateral security”). C.

(1) On April 3, 2012, the Plaintiff filed a lawsuit against D to claim the return of the purchase price under the Suwon District Court Branch 2010Kadan11264, and upon which the said court rendered a dismissal judgment, filed an appeal under the Suwon District Court 201Na34887, which was dissatisfied with the said judgment, and the said court rendered on April 3, 2012, “D shall pay to the Plaintiff the amount of KRW 89.5 million per annum from March 22, 2008 to April 3, 2012, 5% per annum, and 20% per annum from the next day to the date of full payment” (hereinafter “instant judgment”). The instant judgment became final and conclusive as it is.

B. On May 2, 2012, the Plaintiff filed an application for a compulsory auction on the instant real estate with the executory exemplification of the instant judgment with the Suwon District Court Branch C, and the said court rendered a ruling to commence compulsory auction on May 23, 2012, and on May 23, 2012, the said ruling was completed on May 23, 2012.

(hereinafter “instant auction case”). D.

In the instant auction case, on June 24, 2013, the executing court drafted a distribution schedule containing the following contents (hereinafter “instant distribution schedule”), and the Plaintiff.